Disposed

Abdulla .O v. the Sc and St Development (C) Department

Kerala HC13 Jan 2021WP(C)/28069/2020

Case brief

AI extract

What is this about?

Petitioners sought recognition of prior military service for grade promotion under SC/ST Development Corporation. Court directed respondents to consider representations and apply relevant Apex Court judgment within two months.

What did the court decide?

Direct the 2nd respondent to consider representations (P11, P12) and Ext.P5 judgment and pass orders within two months.

Abdulla .O Vs the Sc and St Development (C)… — Pension and Retirement Benefits | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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WEDNESDAY, THE 13TH DAY OF JANUARY 2021 / 23TH POUSHA, 1942

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WP(C).No.28069 OF 2020(G)

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PETITIONERS:

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1 ABDULLA .O AGED 52 YEARS SERVING AS PEON GR-I AT KERALA STATE DEVELOPMENT CORPORATION FOR SC AND ST SUB OFFICE AT PERUMUNDA COMPLEX, KALIKAVE ROAD, WANDOOR, MALAPPURAM-679328.

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2 JAYARAJAN M.T, AGED 56 YEARS SERVING AS PEON GR-I AT KERALA STATE DEVELOPMENT CORPORATION FOR SC AND ST SUB OFFICE AT ASHIF BUILDING, PERINTHALMANNA ROAD, MALAPPURAM-679505.

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BY ADVS. SRI.T.R.JAGADEESH SRI.B.RATHEESH

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RESPONDENTS:

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1 THE SC AND ST DEVELOPMENT (C) DEPARTMENT REPRESENTED BY ITS SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM-695001.

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2 KERALA STATE DEVELOPMENT CORPORATION FOR SC AND ST REPRESENTED BY ITS MANAGING DIRECTOR, HEAD OFFICE, TOWN HALL ROAD, THRISSUR-680020.

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R2 BY ADV. SRI.M.K.CHANDRA MOHANDAS

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.28069 OF 2020

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JUDGMENT

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Heard the learned counsel for the petitioners and Sri.M.K.Chandra Mohandas, the learned Standing Counsel appearing for the 2^nd respondent.

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The contention of the petitioners in the writ petition is that the petitioners are entitled to count previous military service for the grant of higher grade under the 1^st respondent. Seeking the above benefits, petitioners have preferred Exts.P11 and P12 representations before the 2^nd respondent. It is submitted that Ext.P5 is a judgment of the Apex Court which grants the benefit to similarly situated persons.

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Having considered the contentions advanced, I am of the opinion that it is for the 2^nd respondent to take an appropriate decision in the matter. There will, accordingly, be a direction to the 2^nd respondent to take up, consider and pass orders on Exts.P11 and P12 representations preferred by the petitioners. The applicability of Ext.P5 judgment shall also be considered by the 2^nd respondent while passing orders as directed above. Orders shall be passed within a period of two months

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WP(C).No.28069 OF 2020

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from the date of receipt of a copy of this judgment.

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This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN

JUDGE

WP(C).No.28069 OF 2020

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF RELEVANT PAGES OF DISCHARGE CERTIFICATE OF 1ST PETITIONER. EXHIBIT P2 TRUE COPY OF RELEVANT PAGES OF DISCHARGE CERTIFICATE OF 2ND PETITIONER. EXHIBIT P3 TRUE COPY OF THE SAID G.O(P)/754/81/ (384)/FIN DATED 16.11.1981. EXHIBIT P4 TRUE COPY OF G.O.(P)NO.632/03/FIN. DATED 26.11.2003. EXHIBIT P5 TRUE COPY OF JUDGMENT DATED 25.03.2015 IN CIVIL APPEAL 3136 OF 2015. EXHIBIT P6 TRUE COPY OF G.O.NO.4084/2015/FIN DATED 14.09.2015. EXHIBIT P7 TRUE COPY OF 1ST PETITIONER'S REQUEST DATED 26.09.2015. EXHIBIT P8 TRUE COPY OF LETTER NO.24600/C1/2015/SCSTDD DATED 26.04.2016. EXHIBIT P9 TRUE COPY OF 1ST PETITIONER'S REPRESENTATION DATED 23.12.2016. EXHIBIT P10 TRUE COPY OF LETTER NO.A1/04/WDR/2016 DATED 23.12.2016. EXHIBIT P11 TRUE COPY OF REPRESENTATION DATED 09.12.2020 BY 1ST PETITIONER. EXHIBIT P12 TRUE COPY OF REPRESENTATION DATED 09.12.2020 BY 2ND PETITIONER.

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RESPONDENT'S/S EXHIBITS: NIL

Abdulla .O v. the Sc and St Development (C) Department

Case brief

What is this about?

What did the court decide?

Abdulla .O v. the Sc and St Development (C) Department

Case brief

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